31979R1533
24 . 7 . 79 No L 186/ 19 Official Journal of the European Communities
COMMISSION REGULATION ( EEC) No 1533/ 79 of 20 July 1979 opening an invitation to tender for the mobilization of common wheat flour as food aid for the World Food Programme
THE COMMISSION OF THE EUROPEAN currency situation in the Member State in which the COMMUNITIES, customs export formalities will be completed ;
Having regard to the Treaty establishing the European Whereas the contract should be awarded to the Economic Community, tenderer who makes the best offer ;
Having regard to Council Regulation (EEC) No Whereas it must be made clear who is to bear any 2727/75 of 29 October 1975 on the common organiza costs which arise in the event that for reasons of force tion of the market in cereals ('), as last amended by majeure the operation in question is not completed Regulation (EEC) No 1 254/78 (2), within the time stipulated ;
Having regard to Council Regulation (EEC) No Whereas provision should be made for security to be 2750/75 of 29 October 1975 laying down the condi given to guarantee fulfilment of the obligations arising tions for the mobilization of cereals as food aid (3), and by virtue of participation in the invitation to tender ; in particular Article 6 thereof,
Whereas the Belgian intervention agency should be Having regard to Council Regulation No 129 on the made responsible for the tendering procedure in ques value of the unit of account and the exchange rates to tion ; be applied for the purposes of the common agricul tural policy (4), as last amended by Regulation (EEC) Whereas it is important that the Commission be No 2543/73 (5), and in particular Article 3 thereof, informed without delay of the tenders submitted in response to the invitation and of those accepted by Having regard to the opinion of the Monetary the intervention agency ; Committee,
Whereas the measures provided for in this Regulation Whereas on 8 May 1979 the Council of the European are in accordance with the opinion of the Manage Communities declared that it proposed, by way of ment Committee for Cereals, Community action , to grant the equivalent of 30 892 tonnes of common wheat (in other words 20 458 tonnes of common wheat flour) to the World Food Programme under its 1978 /79 food-aid programme ; HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 3 (3) of Council Regula tion (EEC) No 2750/75 the goods may be purchased anywhere on the Community market ; Article 1
Whereas tenders should be invited for the supply of 1 . Tenders are hereby invited for the supply to the the product to the port of shipment in the vicinity of World Food Programme, by way of Community the vessel, the goods to be set down at the place nomi action , of 20 458 tonnes of common wheat flour. nated by the recipient or its agent ;
2. The tendering procedure shall take place in Whereas tenders may be submitted by tenderers esta Belgium and shall be in respect of nine lots. blished in any Member State of the Community and may relate to products mobilized anywhere within 3 . The goods shall be mobilized on the Commu those Member States ; whereas, in view of the currency situation in the Member States and in order to ensure nity market. that the tenders are as comparable as possible, account should be taken of the effect on each tender of the 4. Shipment shall be from a Community port.
(«) OJ No L 281 , 1 . 11 . 1975, p. 1 . 5. The product referred to in paragraph 1 is to be (2) OJ No L 156, 14. 6. 1978 , p. 1 . delivered in new jute sacks of a net capacity of 50 kilo P) OJ No L 281 , 1 . 11 . 1975, p. 89. (4) OJ No 106, 30. 10 . 1962, p. 2553/62. grams to the port of shipment in the vicinity of the (5) OJ No L 263, 19 . 9 . 1973, p. 1 . vessel. The goods must be set down at the place nomi
No L 186/20 Official Journal of the European Communities 24 . 7 . 79
nated by the recipient country or its agent, the timing Communities not less than nine days before the of delivery being settled by the tenderer and the recip closing date for submission of tenders . ient country's agent.
Minimum weight of sacks shall be 600 grams. Article 3
The following shall be printed on the sacks : 1 . The prices offered must be expressed in the currency of the Member State in which the invitation — lot No 1 — 1 296 tonnes : 'Sudan 542 EXP / to tender was issued . Wheat flour / Port Sudan / Gift of the EEC / Action of the World Food Programme' ; 2 . Tenders must in particular mention the Member — lot No 2 — 2 160 tonnes : ' Sudan 634 / Wheat State in which the tenderer, in the event of his being flour / Port Sudan / Gift of the EEC / Action of declared successful , expects to complete the customs the World Food Programme' ; export formalities for the products concerned .
— lot No 3 — 3 312 tonnes : 'Sudan 645 EXP / Wheat flour / Port Sudan / Gift of the EEC / 3 . For the purpose of rendering the tenders compar Action of the World Food Programme' ; able, the prices shall be corrected by the monetary compensatory amount applicable on the closing date — lot No 4 — 1 200 tonnes : ' North Yemen AR 380 for submission of tenders to exports from the Member / Wheat flour / Hodeidah / Gift of the EEC / State mentioned in the tender pursuant to paragraph Action of the World Food Programme' ; 2 .
— lot No 5 — 8 440 tonnes : ' Egypt 2046 / Wheat flour / Alexandria / Gift of the EEC / Action of Such correction shall be made by : the World Food Programme' ; — increasing prices which mention a Member State — lot No 6 — 1 970 tonnes : 'Yemen PD / 82166 / whose currency has depreciated , Wheat flour / Aden / Gift of the EEC / Action of the World Food Programme' ; — reducing prices which mention a Member State whose currency has been revalued . — lot No 7 — 300 tonnes : 'Yemen PD / 497-PX / Wheat flour / Aden / Gift of the EEC / Action of the World Food Programme' ; The monetary compensatory amount shall , where appropriate, be converted into the currency of the — lot No 8 — 800 tonnes : 'Yemen PD / 608-PX / Member State in which the invitation to tender is Wheat flour / Aden / Gift of the EEC / Action of issued using : the World Food Programme' ; — in the case when the currencies concerned are — lot No 9 — 980 tonnes : 'Jordan 2301 / Wheat kept at any given moment within a band of flour / Aqaba / Gift of the EEC / Action of the World Food Programme'. 2-25 % , a conversion rate resulting from their central rate,
To allow for the possibility of re-bagging, the — in the other cases, the average of the spot rates of the currencies concerned recorded in the Member successful tenderer shall supply 2 % of new empty State in which the invitation to tender is issued sacks, of the same quality as those containing the goods but with the printing followed by a capital during a period from the Wednesday of one week letter 'R '. to the Tuesday of the following week being the period immediately preceding the closing date for submission of tenders .
Article2¶
Article 4 1 . The award of the contract shall take place on 3 August 1979 . The contract shall be awarded to the tenderer offering the best terms, taking into consideration the adjust 2. The closing date for submission of tenders shall ment referred to in Article 3 (3). be 3 August 1979 , at 12 noon .
However, if the tenders submitted do not appear to 3 . The notice of invitation to tender shall be reflect normal market prices and costs, the interven published in the Official Journal of the European tion agency may cancel the invitation to tender.
24 . 7 . 79 Official Journal of the European Communities No L 186/ 21
Article 5 2 . It shall forthwith communicate to the Commis sion the list of firms which have responded to the invi If the tenderer is unable to deliver the goods in tation to tender, specifying the terms of each tender, compliance with Article 1 (3) on the date given in the together with the name and business name of the notice of invitation to tender as a result of the late successful tenderer. availability of the vessels to be used for sea transporta tion , resulting costs shall be borne by the intervention 3 . Where the customs export formalities for the agency . mobilized product are completed in a Member State other than that in which the invitation to tender is Article 6 issued, the intervention agency of the latter Member State shall be responsible for the operations following 1 . The tenderer shall give security in an amount of tendering, including payment to the successful 12 ECU per tonne of goods . tenderer .
It shall be released : In such case, the . intervention agency choosing the — in the case of all tenderers whose tenders are successful tenderer shall immediately inform the inter unsuccessful or are not accepted , vention agency of the Member State concerned and — in the case of the successful tenderer, when the shall supply it with all the information which it may operations concerned have been carried out within require . the prescribed time limit and on submission of the original export licence duly granted and Furthermore, the amount of the successful tender endorsed by the competent authorities of the shall be paid after it has been converted using the Member State mentioned in the tender pursuant average of the spot rates referred to in the second to Article 3 (2), subparagraph of Article 3 (3) to the tenderer in the — in the case of the successful tenderer, for quanti currency of the Member State in which the operations ties not supplied by reason of force majeure. relating to the tendering are completed .
2. The security required under paragraph 1 may be 4. The intervention agency shall request the provided in the form of a cash deposit or of a successful tenderer to supply the following informa guarantee issued by a credit institution conforming to tion : criteria laid down by each Member State . (a) after each shipment, a certificate showing the quan Article 7 tities dispatched and the quality of the products ; (b) the date of departure of the vessels . 1 . The goods referred to in Article 1 must meet the following requirements : The information indicated above shall be forwarded by the intervention agency to the Commission imme common wheat flour : diately upon receipt. — moisture content : 14 % maximum , — acidity : 4 ml NaOH / n maximum per 100 g (calcu 5. When the agency responsible for the operations lated on the dry matter), relating to tendering is not the intervention agency — ash content : 0-52 % maximum on the dry matter. which appoints the successful tenderer, it shall send as soon as possible to the latter the information neces If the goods referred to in Article 1 do not meet the sary for releasing the security. foregoing requirements they shall be rejected and the successful tenderer shall be owner thereof. Article 9 2 . Tenders for supply of the goods referred to in Article 1 ( 1 ) must relate to products with the following characteristics : On delivery of the goods at the port of shipment, a handing-over certificate shall be supplied to the common wheat flour : successful tenderer, acting as agent for the Commu nity, by the agent of the recipient country or, in the — moisture content : 14% maximum , absence of the latter, by the intervention agency of the — acidity : 4 ml NaOH / n maximum per 100 g (calcu Member State in whose territory the port of shipment lated on the dry matter), is situated . — ash content : 0-52 % maximum on the dry matter.
Article10¶
1 . The Belgian intervention agency shall be respon This Regulation shall enter into force on the day of its sible for operations relating to the invitation to tender publication in the Official Journal of the European provided for by this Regulation . Communities.
No L 186/ 22 Official Journal of the European Communities 24 . 7 . 79
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 20 July 1979 .
For the Commission
Finn GUNDELACH Vice-President